Michigan Laws 700.2953 – Form and procedure; requirements
Current as of: 2023 | Check for updates
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To comply with this part as a valid international will, a will shall meet all of the following requirements regarding form and procedure:
(a) The will shall be made in writing, but does not need to be written by the testator personally. The will may be written in any language and may be written by hand or by any other means.
Terms Used In Michigan Laws 700.2953
- Authorized individual: means an individual who by section 2959 or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international wills. See Michigan Laws 700.2951
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- International will: means a will executed in conformity with this part. See Michigan Laws 700.2951
- Person: means an individual or an organization. See Michigan Laws 700.1106
- Testator: A male person who leaves a will at death.
- Testator: includes an individual of either gender. See Michigan Laws 700.1107
(b) The testator shall declare in the presence of 2 witnesses and an authorized individual that the document is the testator’s will and that he or she knows its contents. The testator need not inform the witnesses or the authorized person of the will’s contents.
(c) In the witnesses’ and the authorized individual’s presence, the testator shall sign the will or, if the testator has previously signed the will, shall acknowledge his or her signature.
(d) If the testator is unable to sign the international will, the absence of the testator’s signature does not affect the will’s validity if the testator indicates the reason for the inability and the authorized individual makes note of the reason on the will. In such a case, it is permissible, but not required, for another individual present, including a witness or the authorized individual, to sign the testator’s name at the testator’s direction, which act the authorized individual shall also note on the will.
(e) The witnesses and the authorized individual shall there and then attest the will by signing in the presence of the testator.